DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212467P.pdf 08/15/2022 Randy McDaniel v. Markeith Neal
U.S. Court of Appeals Case No: 21-2467
U.S. District Court for the Eastern District of Arkansas - Central
[PUBLISHED] [Kelly, Author, with Loken, Circuit Judge, and Menendez,
District Judge]
Civil case - Civil rights. While a reasonable fact finder could conclude
the defendant police officer used excessive force by taking plaintiff to
the ground in an effort to detain him, defendant was entitled to qualified
immunity on plaintiff's civil rights claim as neither plaintiff nor this
court can identify a case or body of law clearly establishing as of August
13, 2017, the date of the incident, that defendant's use of force was
excessive, even viewing the facts in the light most favorable to
plaintiff; the district court erred in denying defendant's motion for
summary judgment based on qualified immunity, and the case is remanded
with instructions to grant judgment to defendant and to dismiss the case.